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Akhila Garg
Asked: 2022-11-11T18:39:11+05:30 In:

The mutual delegation of executive power between centre and states cannot occur
1. From Centre to State through President
2. From State to Centre through Governor
3. From State to Centre through State legislature
4. From Centre to State through Parliament

The mutual delegation of executive power between centre and states cannot occur
1. From Centre to State through President
2. From State to Centre through Governor
3. From State to Centre through State legislature
4. From Centre to State through Parliament
Class 11
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  1. Correct Answer – Option 3 : From State to Centre through State legislature

    The correct answer is Option 3.

    • President may, with the consent of the state government, entrust to that government any of the executive functions of the Centre.
      • Conversely, the governor of a state may, with the consent of the Central government, entrust to that government any of the executive functions of the state.
    • Constitution also makes a provision for the entrustment of the executive functions of the Centre to a state without the consent of that state.
      • But, in this case, the delegation is by the Parliament and not by the president. Notably, the same thing cannot be done by the state legislature.
    • Our Constitution distributes between the Union and the States not only the legislative power but also the executive power, more or less on the same lines.
    • The result is that it is not competent for a State to exercise administrative power with respect to Union subjects, or for the Union to take up the administration of any State function, unless authorised in that behalf by any provision in the Constitution.
    • In administrative matters, a rigid division like this may lead to occasional deadlocks.
    • To avoid such a situation, the Constitution has engrafted provisions enabling the Union as well as a State to make a mutual delegation of their respective administrative functions:
      • As to the delegation of Unlon functions, there are two methods:
        • With the consent of the State Government, the President may, without any legislative sanction, entrust any executive function to that State
        • Irrespective of any consent of the State concerned, Parliament may, while legislating with respect to Union subject, confer powers upon a State or its officers, relating to such subject. Such delegation has, in short, a statutory basis.
        • Conversely, with the consent of the Government of India, the Governor of a State may entrust on the Union Government or its officers, functions relating to a State subject, so far as that State is concerned
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